The Delhi Police has opposed in the Delhi High Court the bail plea of an accused, who allegedly pointed a pistol at a police head constable during the communal violence in the national capital's northeast area in February 2020, saying he has a criminal family history and the witnesses can be adversely influenced by him. The police said accused Shahrukh Pathan can threaten and endanger the safety of prosecution witnesses and abscond, if granted bail, and can also hamper the process of investigation and may destroy the evidence.
The police made the submission in a status report filed before Justice Prateek Jalan while opposing the bail plea of Pathan. It claimed that the accused has no remorse for his illegal actions.
The case relates to rioting, causing injuries to police personnel and gunshot injury sustained by one Rohit Shukla by an armed mob in the Jafrabad area in North East Delhi. The status report stated that "the accused has been keeping illegal arm and ammunition and has no remorse for his illegal act. His daring act of firing at a policeman and the public shows that if released on bail, he can repeat such a criminal act. " It further said there are police and public witnesses who have identified him and from the criminal family history background and desperate nature of the accused, it can be evidently inferred that the witnesses can be adversely influenced by him.
The report said the statement of the eyewitnesses and seized CCTV footage establishes that Pathan was leading the mob and indulged in the act of rioting on February 24, 2020, during which he fired at the complainant and public from his pistol. Pathan approached the high court after his bail plea was rejected by a trial court in December last year.
The trial court was of the view that the CCTV footage of a nearby camera installed at the relevant location showed his presence in the riotous mob. An FIR was registered under various sections of the IPC, including rioting, armed with a deadly weapon, unlawful assembly, obstructing public servant in discharge of public functions, promoting enmity between different groups on grounds of religion, assault, or criminal force to deter public servant from his duty, voluntarily causing hurt, attempt to murder, statements conducing to public mischief and criminal conspiracy and under the provisions of the Arms Act.
Pathan, 26, was arrested on March 3, 2020, from Uttar Pradesh's Shamli district, is presently lodged in jail here. Communal clashes had broken out in northeast Delhi on February 24, 2020, after violence between citizenship law supporters and protesters spiraled out of control leaving at least 53 people dead and scores injured.
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